USPTO find two male torso-shaped perfume bottles confusingly similar

The USPTO recently refused registration of the 3D mark filed by Coscentra B.V. shown below left (colour is not claimed as a feature of the mark) for goods ultimately identified as “Perfumery, essential oils, articles for body- and beauty-care, namely, perfumes” in Class 3, based on the existence of a prior registration of the configuration mark shown below on the right hand side (the drawing is lined for the color blue), also for “perfumes” in Class 3. [Case reference: In re Coscentra B.V., Serial No. 79196465 (March 26, 2019) [not precedential] (Opinion by Judge Lorelei Ritchie)]. The USPTO found the two marks confusingly similar. Specifically, the determination was based on an analysis of the probative facts in evidence that were relevant to the factors bearing on a likelihood of confusion (inter alia, the [du Pont] factors). In considering the evidence of record on these factors, the USPTO focused on two fundamental inquiries, i.e. the cumulative…

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